1. Contest Summary: Cetaphil® is looking for content creators with a passion for skincare to help with Cetaphil’s TikTok channel from December 1, 2022 to January 31, 2023. Three (3) finalists will be chosen to join the Cetaphil C-Suite team, and each will receive $15,000 (paid in two installments) and swag for their contributions.
2. Eligibility: Cetaphil C-Suite Search (the "Contest") is open only to legal residents of the fifty (50) United States and the District of Columbia (excluding Arizona, Iowa, Louisiana, Maryland, and Tennessee) who are at least eighteen (18) years old at the time of entry. Employees of Galderma Laboratories, L.P.("Sponsor''), and Lippe Taylor Group, LLC ("Administrator"), and any of their parent and affiliate companies as well as the immediate family (spouse, parents, siblings, and children) and household members of each such employee are not eligible. The Contest is subject to all applicable federal, state, and local laws and regulations and is void in Arizona, Iowa, Louisiana, Maryland, Tennessee, and where prohibited.
3. Sponsor: Galderma Laboratories, L.P., 2001 Ross Ave, Suite 1600, Dallas, TX 75201. Administrator: Lippe Taylor Group, LLC, 140 Broadway 28th Fl, New York, NY 10005.
4. Agreement to Rules: By participating, you agree to be fully unconditionally bound by these Rules, and you represent and warrant that you meet the eligibility requirements set forth herein. In addition, you agree to accept the decisions of Sponsor as final and binding as it relates to the content. This contest is subject to all applicable federal, state and local laws.
5. Time Period: The search begins on October 19, 2022 and ends on November 14, 2022 (the “search period”).
6. How to Enter: During the Search period, create and post One (1) TikTok video, inclusive of a bio link, telling the Sponsor why you’d be a perfect candidate for Cetaphil C-Suite.
The video must:
• Include #CetaphilCSuite
• Tag @CetaphilUSA
• Mention that it was created as a submission for Cetaphil C-Suite
Please visit www.Cetaphil.com to view details and claims related to any of Cetaphil's products. See below for all guidelines and other content requirements of your video.
7. Guidelines:
• Only one submission per person is allowed.
• The Submission should only include yourself (the applicant) and not include others.
• The Submission but must not exceed 30 seconds in length.
• The Submission must be in English.
8. Content Restrictions:
a. The Submission must be your original work.
b. The Submission must not convey any claims of Sponsor's products or services that would be deemed unsubstantiated or deceptive if made by Sponsor (visit www.Cetaphil.com to view product details and claims).
c. The Submission should make no mention of Galderma prescription products (e.g. Differin®, Epiduo® Forte, Epsolay® Twyneo®, Aklief®, Soolantra®, Mirvaso®, Oracea, Restylane®, Dysport®, Sculptra®)
d. You must not respond to user generated comments relating to Galderma prescription products (e.g. Differin®, Epiduo® Forte, Epsolay® Twyneo®, Aklief®, Soolantra®, Mirvaso®, Oracea, Restylane®, Dysport®, Sculptra®)
e. The Submission must not contain material that violates or infringes any third-party rights, including without limitation privacy, publicity right, intellectual property rights, or materials that constitute copyright infringement and therefore must not contain brand names or trademarks other than those owned by Cetaphil.
f. The Submission must not contain content created by a third party, such as music, images or artwork.
g. The Submission must not disparage Cetaphil or its products or mention any competitive products or any other person or party.
h. The Submission must not contain material that is inappropriate, offensive, indecent, obscene, sexually explicit, tortious, defamatory, slanderous, or libelous.
i. Your Submission must not make references to or include alcohol, illegal drugs, tobacco, or firearms/weapons, any activities that are or appear to be dangerous, or any political agenda.
j. The Submission must not contain material that promotes bigotry, racism, hatred, or harm against any group or individual or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age and
k. The Submission must not contain material that is unlawful, in violation of any governmental, legal, or regulatory requirements nor shall it be contrary to the laws or regulations in any state where Submission is created.
9. Sponsor’s Use of Submissions: Uploading a Submission constitutes applicant's consent to give Sponsor a royalty-free, irrevocable, perpetual, sublicensable, non-exclusive right and license to use, reproduce, modify, publish, create derivative works from, and display such submissions in whole or in part, on a worldwide basis, and to incorporate it into other works, in any form, media or technology now known or later developed, including for promotional or marketing purposes. If requested, entrant will sign any documentation that may be required for Sponsor or its designees to make use of the non-exclusive rights entrant is granting to use the Submission.
10. Criteria: All eligible submissions that comply with the Official Rules will be reviewed by a panel of qualified judges determined by the Sponsor. The judges shall, in their sole discretion, select three (3) finalists to serve as Cetaphil C-Suite content creators based on the following criteria:
• Overall Quality of the submission
• Creativity/ Originality of the submission
• Relatability
11. Requirements: The potential finalists will be notified by direct message on or around November 21, 2022, with content creation beginning on or around December 15, 2022. In consideration for of being chosen as a Cetaphil C-Suite content creator, the finalists will be asked to sign additional documents confirming that they shall irrevocably grant, transfer, convey and assign to Sponsor the entirety of the rights in and to the Submission and all renewals and extensions of copyright, and the right to secure copyright registrations thereto in perpetuity including, without limitation, the rights to use the Submission for any and all purposes in any and all media whether now known or hereafter developed, on a worldwide basis, in perpetuity. Each finalist accepts and acknowledges that Sponsor shall not be obligated to use the Submission and that Sponsor in its sole discretion shall have the right to refrain from using the Submission. Sponsor shall not incur any liability whatsoever to the extent Sponsor chooses to refrain from any exploitation of its rights hereunder. Each Finalist will indemnify Sponsor, Released Parties, and any licensee of Sponsor against all claims, damages, liabilities, and expenses (including reasonable counsel fees and legal expenses) arising out of any breach of these terms.
12. Prize: Three (3) finalists will be selected to serve as a paid Cetaphil C-Suite content creators for a period of sixty (60) days (December 1, 2022 to January 31, 2023). Each finalist will receive $15,000.00 as compensation (paid in two increments) as well as Cetaphil swag (e.g., clothing and products).
13. Independent Contractor Status: The relationships between the Finalist, Sponsor, Administrator, and its affiliates are strictly that of independent contractor and client, and not of employee and employer or agent and principal. The finalist(s) do not have the right, power, or authority to make commitments on behalf of the Sponsor, Administrator and its affiliates, and Sponsor, Administrator, and its affiliates will refrain from expressing or implying that any such right, power, or authority exists. The finalists will be fully responsible for all income, self-employment and other taxes, and any contributions relating to health, pension, or other benefits, attributable to the fees and other payments made to the finalists as agreed upon.
14. Indemnification: Each applicant agrees to indemnify and hold harmless the Sponsor and their respective parent companies, subsidiaries, affiliates, suppliers, distributors, advertising/promotion agencies, and prize suppliers, and each of their respective parent companies and each such company's officers, directors, employees and agents (collectively, the "Released Parties") from and against any claim or cause of action, including, but not limited to, personal injury, death, damage to or loss of property, failure to comply with applicable disclosure requirements under applicable laws, or infringement of any person’s or entity’s intellectually property or proprietary rights, and/or unauthorized use of third party name or likeness arising out of participation in the Contest.
15. Publicity: Acceptance of any prize shall constitute and signify each finalist's agreement and consent that Sponsor and its designees may use the finalist’s name, city, state, likeness, photo, Submission, and/or prize information in connection with the Contest for promotional, advertising or other purposes, worldwide, in any and all media now known or hereafter devised, including the Internet, without limitation and without further payment, notification, permission or other consideration, except where prohibited by law.
16. General Conditions: Sponsor reserves the right to cancel, suspend and/or modify the Contest if any factor impairs the integrity of the Contest, or any event or cause beyond Sponsor’s control (e.g. events such as natural calamities, national emergencies, wide spread illnesses, pandemics, declarations of war, acts of God, acts of terrorism) interferes with any aspect of the Contest, including but not limited to fulfillment of the prize(s), as determined by Sponsor in its sole discretion. If terminated, Sponsor may, in its sole discretion, determine the Finalists from among all non-suspect, eligible entries received up to time of such action using the judging procedure outlined above. In addition, Sponsor reserves the right to disqualify any individual it finds to be tampering with the Entry process or the operation of the Contest or to be acting in violation of the Official Rules of this or any other promotion or in an unsportsmanlike or disruptive manner and void all associated Entries. Any attempt by any person to deliberately undermine the legitimate operation of the Contest may be a violation of criminal and civil law, and should such an attempt be made, Sponsor reserves the right to seek damages and other remedies (including attorneys' fees) from any such person to the fullest extent permitted by law. Sponsor's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision.
17. Limitations of Liability: Released parties are not responsible for: (1) any incorrect or inaccurate information whether caused by applicant or by any of the equipment utilized for Submissions; (2) technical failures; (3) unauthorized intervention in the Submission process; (4) unauthorized third-party use of any Submission; (5) late, lost, or undeliverable mail; (6) any injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from applicant's participation in the Contest or receipt or use or misuse of any prize or product.
18. Disputes: Except where prohibited, each applicant agrees that: (1) any and all disputes, claims and causes of action arising out of or connected with this Contest or any prize awarded shall be resolved individually, without resort to any form of class action, and exclusively by the United States District Court for the Northern District of Texas, Fort Worth Division or the appropriate Texas State Court located in Tarrant County, Texas; (2) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with entering this Contest, but in no event attorneys' fees; and (3) under no circumstances will entrant be permitted to obtain awards for, and entrant hereby waives all rights to claim, indirect, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of these Official Rules, or the rights and obligations of the entrant and Sponsor in connection with the Contest, shall be governed by, and construed in accordance with, the laws of the State of Texas without giving effect to any choice of law or conflict of law rules (whether of the State of Texas or any other jurisdiction), which would cause the application of the laws of any jurisdiction other than the State of Texas.
19. Applicant's Personal Information: Information collected from entrant is subject to Sponsor's Privacy Policy https://www.galderma.com/your-data.
20. Winners List: To obtain a copy of the Winner's name or a copy of these Official Rules, mail your request along with a stamped, self-addressed envelope to: 140 Broadway, 28th Floor, New York, NY 10005 Requests must be received no later than 12/31/2022.
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